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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they suffer injuries while on the job. Railroad employees, unlike many workers' compensation laws have the right to sue employers under federal law. This is the Federal Employers' Liability Act. To win a FELA case, railroad workers need to prove two things. First the injury must be caused by their employer's negligence. FELA Vs. Workers' Compensation While workers compensation and FELA both attempt to compensate workers for injuries or illnesses that result from their work however, the two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a broad range of public and private jobs. FELA differs from workers compensation in that it is determined by the person who caused the accident, damages are awarded and the method by which and where cases are heard. The risk of being injured is a high risk for workers on railroads This is the reason FELA was enacted in 1908. Congress passed this law to safeguard workers and their families as well as themselves in the event of an injury on the job. In order to receive compensation under FELA workers must demonstrate that their employer violated the federal law or regulation relating to safety in the workplace. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law. In addition to providing financial compensation for the past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by workers compensation, such as suffering and pain. Unlike workers' compensation claims that are typically restricted based on the injury sustained, a FELA is able to seek compensation for noneconomic damages that include emotional stress or loss of enjoyment of living. The distinction between FELA compensation and workers' compensation is the requirement that, to be eligible for compensation under FELA the worker must show that the company was at minimum partially responsible for the injury. If a worker is determined to be the cause of their injuries the amount of damages may be reduced. If a worker gets hurt because they were told to violate company policy, and the company was found to be 50% accountable for the incident, then the company may be held to be 50% responsible. Workers' compensation cases require a shorter timeline to submit an claim. In a FELA claim, the statute of limitations is three years from when your injury occurred, while in a workers' comp case, it is one year. This is the reason it is essential to contact an experienced FELA lawyer as soon as possible after your injury. FELA in vs. State Law If a railroad employee is injured while working, he or her may file a claim either under the Federal Employers Liability Act or workers' compensation. Unlike workers' comp statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require proof that the railroad was negligent and that the negligence resulted in injuries to the worker. The FELA law, which was enacted in 1908, is designed to compensate railroad workers who are injured because of their work. Before the enactment this law, railroad worker deaths and injuries were high. This sparked the need to offer railroad workers a extensive coverage that is greater than the workers' compensation laws. In general it is the case that an FELA claim must be filed in a federal court since the FELA is a federal law. FELA claims can be filed in state court. For instance, a recent case in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was responsible under the FELA. Like workers compensation as well, a FELA claim compensates the injured worker with compensation for lost wages as well as medical expenses, the cost of suffering. These damages are based on the notion that a railroad is responsible for the injury or death due to its negligence or a violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also prove that the injury, or death, was caused in part or completely due to such negligence. FELA cases have improved tort law by establishing precedent for issues such as emotional distress in the railroad, damages distribution and working conditions requirements. FELA claims, in particular, have brought federal attention to the issue of the obligation of a non-delegable employer to provide a safe work environment for its employees. This includes off-site places like private hotels which railroad employees may stay when traveling for business. A railroad attorney can help the railroad worker who has been injured receive the full amount of benefits can claim under FELA. FELA vs. State Workers' Compensation Laws If a worker suffers an injury on the job and suffers an injury on the job, they can file for workers' compensation or sue their employer under FELA. Both laws offer similar benefits, like medical coverage, cash payments and loss of future earnings, they differ in important ways. In contrast to workers' compensation, which allows employees apply for compensation without proving that their employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety rule of the federal government that led to their injury. This includes laws like the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims, since proof of negligence is required. FELA allows railroad workers injured by a crash to have their cases considered by a committee of their peers, and not the authority that oversees administrative workers compensation claims. In addition, FELA does not put a cap on the amount of damages that may be awarded to an injured worker and workers compensation claims limit damages in accordance with a set schedule. The difference between these two statutes is crucial to be aware of, especially for railroad employees who are not covered by state workers' compensation laws and have to pursue their cases through FELA. If you or someone you love has been injured by a railroad employee it is essential to consult with a professional FELA lawyers. To learn more about the distinctions between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We are ready to help you obtain the maximum benefits from FELA. To find a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are willing to discuss your case by phone or in person. Our lawyers also operate on a contingency fee which means that you don't pay unless we win your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike fela lawsuits ' comp, which pays an amount fixed, regardless of fault, FELA cases will be decided by juries on the basis of the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. In addition to financial compensation, FELA provides for medical expenses and lost earnings (including future earning capacity) as well as death benefits as well as pain and suffering. In contrast workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability, which often does not cover the actual losses of a worker. The FELA law applies to railroads operating in international or interstate commerce, and allows injured employees and their family members to file a lawsuit against their employer for damages resulting from the negligence of the company. This LibGuide offers a base to research this issue. It also provides links to a variety of online resources on the Villanova Law Library's website. Some of these resources require a password for access. This LibGuide is intended to serve as a study supplement for Villanova law students. Nothing in this guide should be taken as legal advice. Consult an attorney if you require assistance. Many people are unaware that FELA offers railroad workers specific protections. Many people believe that FELA is like the state laws governing workers' compensation, but they are not. Railroad workers injured in an accident must be aware of the differences between these two types of claims to obtain the best possible representation. In the event of an injury, a skilled lawyer can assist the injured employee or family members of a deceased railroad employee to understand the different types of damages that they can claim in their claim. The injured person will be entitled to the maximum amount of compensation allowed by FELA. If you are a railroad worker who has been hurt on the job, you should contact an Designated Legal Counsel (DLC) firm for guidance.